Recent CBP NY Rulings
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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N328108: The tariff classification of women’s blouses from Vietnam
| HTS: (1) 6110.20.2079, 16.5%, "Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other, Other, Other, Women’s or girls’." |
| (2)(3)(4) 6106.10.0010, 19.7%, "Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton: Women’s." |
| Items: (1) A women’s upper body garment constructed from 100 percent cotton interlock knit fabric. (2) A women’s blouse composed of 100 percent cotton slub jersey knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. (3) A women’s blouse composed of 60 percent cotton, 40 percent polyester knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. (4) A women’s blouse composed of 100 percent cotton slub jersey knit fabric that measures at least 10 or more stitches per linear centimeter measured in both directions. |
| Reason: N/A |
| Ruling Date: Sept. 22, 2022 |
N327946: The Tariff Classification and Country of Origin of Frozen Squid
| HTS: 0307.43.0029, free, “Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; Cuttlefish and squid: Frozen Squid: Other: Other.” |
| Country of Origin: Argentina |
| Item: Whole, uncleaned frozen squid (Illex Argentinus, also known as Argentine shortfin squid) of Argentine origin will be shipped from Argentina to China. In China, the squid is thawed, skinned, gutted, and the cartilage, eyes, and back removed. The squid is then tenderized, sorted, cut for size and presentation, frozen, and packed. |
| Reason: The article is not substantially transformed due to processing that is performed in China. |
| Ruling Date: Sept. 22, 2022 |
N327848: The tariff classification of footwear from China
| HTS: 6401.99.3000, 9903.88.15, 25% + 7.5%, "Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes; other: other: designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals, or cold or inclement weather: designed for use without closures." |
| (2) 6405.20.9015, 12.5%, which provides for "Other footwear: With uppers of textile materials: Other: House slippers." |
| Item: (1) A closed-toe/closed-heel, woman’s, slip-on, clog-type shoe that does not cover the ankle. The upper and outer sole consist of 100 percent rubber or plastics. The upper and outer sole are injection molded separately and subsequently attached by cement. The shoe is considered protective against water. The shoe may be imported with a separate (2) textile sock “liner.” The liner consists of knitted polyester textile fibers and has a separately attached textile outer sole. Unlike a traditional liner with the unfinished ends facing outward at the seams, the unfinished edges are on the inside facing the foot. The liner is not attached to the footwear, not able to be cuffed over the footwear, and does not stay inside the footwear when the footwear is not in use. Instead, the liner is worn snug to the foot and covers the ankle. You state in your August letter the “liner” is intended to be worn indoors in the same manner as a slipper sock and worn inside the clog when going outside. |
| Reason: N/A |
| Ruling Date: Sept. 21, 2022 |
N327875: The tariff classification of a tool bag from Taiwan
| HTS: 4202.92.6091, 6.3%, "Other bags and containers, with outer surface of sheeting of plastics or of textile materials, of cotton, other." |
| Item: A tool bag constructed of 75% cotton, 23% polyester, and 2% nylon. The outer surface of the bag is not coated with plastic sheeting. The article is designed to provide protection, portability, organization, and storage to various hand tools and related accessories. It features a drawstring closure at the top and one handle. The article measures approximately 12” in diameter and 16” in height. |
| Reason: N/A |
| Ruling Date: Sept. 21, 2022 |
N327896: The tariff classification of a Mega Block (FWD) from South Korea
| HTS: 8907.90.0090, free, “Other floating structures (for example, rafts, tanks, cofferdams, landing-stages, buoys and beacons): Other: Other.” |
| Item: A Mega Block is the forward portion of the lower floating support structure of a Floating Production, Storage, and Offloading oil production platform. The main function of the Mega Block is to float the FPSO platform, and to provide a space for oil storage and various mechanical devices. It is used as a floating structure for the FPSO platform with the middle and the rear blocks, but the product under review can float in the condition as imported. The Mega Block consists of a hull deck, an appurtenance, and a forecastle deck. The article is made of steel and measures 104 meters (m) in length, 60 m in width, and 45 m in height, and weighs 24,350 metric tons. |
| Reason: |
| Ruling Date: Sept. 21, 2022 |
N327945: The country of origin of Ofloxacin Ophthalmic Solution USP, 0.3 % in dosage form
| Country of Origin: Spain |
| Item: Ofloxacin Ophthalmic Solution, an antibacterial agent containing Ofloxacin, as the active ingredient. It is indicated for the treatment of conjunctivitis and corneal ulcers caused by various strains of gram-positive and gram-negative bacteria. The active pharmaceutical ingredient is manufactured in Spain and the finished Ofloxacin Ophthalmic Solution in dosage is made in India. In India, the Ofloxacin is mixed with various inactive ingredients to produce the final Ofloxacin Ophthalmic Solution in dosage form. |
| Reason: The mixing of the active ingredient Ofloxacin with the inactive ingredients into the final Ofloxacin Ophthalmic Solution in dosage form in India does not result in a substantial transformation. |
| Ruling Date: Sept. 21, 2022 |
N327963: The tariff classification of a TFT-LCD module with housing from Japan
| HTS: 8524.91.1000, free, "Flat panel display modules, whether or not incorporating touch-sensitive screens: Other: Of liquid crystals: Flat panel display modules, other than flat panel display modules for articles of subheadings 8528.59, 8528.69, 8528.72 and 8528.73." |
| Item: A TFT-LCD module with housing that will be installed in automobiles after importation. The module with housing is comprised of TFT-LCD cells, polarizers, backlight, driver and control printed circuit board, and a flexible PCB for connection. This module with housing displays icons to control the AC setting, audio volume, and other essential vehicle information. The housing assembly is made of magnesium and is glued onto the rear outer edges of the module. The subject modules do not contain any components for converting video signals. |
| Reason: N/A |
| Ruling Date: Sept. 21, 2022 |
N327994: The tariff classification of a trailer hitch adapter from China
| HTS: 8302.30.3060, 9903.88.03, 2% + 25%, “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork…: Other mountings, fittings and similar articles suitable for motor vehicles; and parts thereof: Of iron or steel, of aluminum or of zinc: Other.” |
| Item: A trailer hitch adapter with matte black powder finish and an overall length of 7 1/16 inches long. On both sides of the adaptor is one 5/8 inch hole and one 1/2 inch hole. Included with the adaptor is a 5/8 inch diameter hitch pin and a cotter pin. The trailer hitch adapter allows a vehicle’s 2 inch hitch receiver to transform into a 1 1/4 inch hitch receiver in order to fit 1 1/4 inch accessories, such as bike racks and cargo carriers, into a vehicle’s trailer hitch. |
| Reason: N/A |
| Ruling Date: Sept. 21, 2022 |
N328038: The tariff classification of shower grates from China
| HTS: (1) 7326.90.8688, 9903.88.03, 2.9% +25%, "Other articles of iron or steel, other…other." |
| (2)(3)(4)(5) 7419.80.5010, 9903.88.03, free + 25%, "Other articles of copper, other…brass plumbing goods not elsewhere specified or included. |
| Items: Shower grates used in residential showers with floor tiling for draining water. (1) A Round Stamped Stainless Steel Snap-In Shower Grate/Strainer with a matte black finish. (2) A Round Stamped Brass Snap-In Shower Grate/Strainer with a Venetian bronze plated finish. (3) A Round Stamped Brass Shower Grate/Strainer with two stainless steel screws (7135 Series). The grate features an oil rubbed bronze plated finish. (4) A Shower Grate/Strainer that consists of a round stamped brass grate, a brass crown, a steel plate, and two stainless steel screws. The grate features an oil rubbed bronze plated finish. (5) A Round Stamped Brass Snap-In Shower Grate/Strainer with a satin nickel plated finish. |
| Reason: Even without the grate, the drain fixture could still perform its primary function of directing water from the shower to the drainpipe. As such, these grates are accessories to a drain, not a part of the drain. |
| Ruling Date: Sept. 21, 2022 |
N327895: The Tariff Classification and Country of Origin Marking of Berbere Spice Blend
| HTS: 0910.91.0000, 1.9%, “Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices: Other spices: Mixtures referred to in note 1(b) to this chapter.” |
| Country of Origin: Ethiopia |
| Item: A Berbere Spice Blend is produced in Ethiopia from ingredients completely grown and processed in Ethiopia. Berbere Spice is a traditional ingredient in Ethiopian cuisine. In this case the blend is composed of the following ingredients: Red Jalapeno Pepper (83 percent), Salt (3 percent), Bishop’s Weed (2.5 percent), Ginger (2.5 percent), Garlic (2 percent), Shallot (2 percent), Black Cumin (1.5 percent), Fenugreek (1.5 percent), Basil (1 percent), and Cardamom (1 percent). The Berbere Spice Blend will be vacuum sealed and imported in plastic packages no greater than 200 kg each. Following importation, the blend is intended to be repackaged into smaller quantities of 1.5 to 2.0 ounces each for sale to individual U.S. consumers both independently and in grocery stores. |
| Reason: The article is composed entirely of ingredients originating in Ethiopia and completely processed there. |
| Ruling Date: Sept. 20, 2022 |